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Supreme Court of India, History, Jugdes, Functions, Powers

Supreme Court of India

The Supreme Court of India is the highest court in the country, functioning under the integrated judicial system set up by the Constitution. It has several important roles:

  • Federal Court: Resolves disputes between states and the central government.
  • Highest Court of Appeal: The main court for appeals from lower courts.
  • Guarantor of Fundamental Rights: Protects citizens’ basic rights and freedoms.
  • Guardian of the Constitution: Ensures laws follow the Constitution’s principles.
  • Final Interpreter of the Constitution: Has the authority to explain the Constitution and its meanings.

The Chief Justice of India leads the court, which includes judges appointed by the President. Currently, there are 34 judges, including the Chief Justice. This topic plays a significant role in UPSC Syllabus of Polity and Governance check the details on Supreme Court of India below in this article

Supreme Court of India History

The Supreme Court of Calcutta was set up in 1773 by the Regulating Act. It handled criminal and civil cases in Bengal, Bihar, and Orissa. Later, in 1800 and 1823, the Supreme Courts of Madras and Bombay were established. In 1861, the India High Courts Act replaced these courts with High Courts in various provinces. These High Courts were the highest until the Federal Court of India was created in 1935 to handle appeals and disputes. After independence in 1947, the Supreme Court of India was established on January 26, 1950, and held its first session on January 28, 1950.

 Important Articles of Indian Constitution

Supreme Court of India Constitutional Provisions & Articles

  • The Indian Constitution’s Chapter 6 and Part V (The Union) permit the Supreme Court to make a provision (The Union Judiciary). Its Articles 124 to 147 cover the structure, impartiality, authority, functions, and procedures of the Supreme Court.
  • According to Article 124(1) of the Indian Constitution, the Supreme Court of India must be composed of the Chief Justice of India (CJI) and no more than seven additional judges, unless Parliament specifies a higher number by law.
  • Original jurisdiction, appellate jurisdiction, and advisory jurisdiction are the three subcategories of the Supreme Court of India’s jurisdiction. It also possesses a range of abilities.
  • All courts with jurisdiction in India must abide by the Supreme Court’s ruling.
  • It has the power of judicial review, which entitles it to invalidate legislative and executive actions that contravene the Constitution’s provisions and framework, the Union’s and the States’ power relations, or the fundamental rights it protects.
Below are the Articles related to the Supreme Court:
  • Article 124: Establishes the Supreme Court.
  • Article 125: Sets judges’ salaries.
  • Article 126: Appoints an acting Chief Justice.
  • Article 127: Appoints ad hoc judges.
  • Article 128: Allows retired judges to attend Supreme Court sessions.
  • Article 129: Declares the Supreme Court as a court of record.
  • Article 130: States where the Supreme Court is located.
  • Article 131: Defines the Supreme Court’s original jurisdiction.
  • Article 131A: (Repealed) Discussed exclusive jurisdiction over constitutional validity of central laws.
  • Article 132: Covers appeals to the Supreme Court from High Courts in specific cases.
  • Article 133: Covers civil matter appeals from High Courts.
  • Article 134: Covers criminal matter appeals from High Courts.
  • Article 134A: Discusses certificates for appeals to the Supreme Court.
  • Article 135: Allows the Supreme Court to exercise Federal Court powers.
  • Article 136: Allows special leave to appeal to the Supreme Court.
  • Article 137: Allows the Supreme Court to review its judgments.
  • Article 138: Expands the Supreme Court’s jurisdiction.
  • Article 139: Gives the Supreme Court power to issue writs.
  • Article 139A: Covers the transfer of certain cases.
  • Article 140: Lists the Supreme Court’s ancillary powers.
  • Article 141: States that Supreme Court laws are binding on all courts.
  • Article 142: Enforces Supreme Court decrees and orders.
  • Article 143: Allows the President to consult the Supreme Court.
  • Article 144: Requires civil and judicial authorities to assist the Supreme Court.
  • Article 145: Discusses court rules.
  • Article 146: Covers Supreme Court staff and expenses.
  • Article 147: Discuss the interpretation of the articles.

High Court of India

Supreme Court of India Functions

  • It hears appeals from decisions made by the High Courts and other tribunals and courts.
  • It resolves conflicts between different governmental entities, between state governments, and between the federal government and any state government.
  • As part of its advising duty, it also hears cases that the President sends to it.
  • The SC may also take on matters on its own (on its own).
  • The Supreme Court has declared a law that is binding on all Indian courts, the Union government, and state governments.

Martial Law

Supreme Court of India Jurisdiction & Powers

Original Jurisdiction

The following are the Original Jurisdiction of the Supreme Court:

  • Article 131: The Supreme Court (SC) has original jurisdiction in disputes between the Central and state governments or between states.
  • Article 139: The SC can issue writs, orders, or directions.
  • Section 32: The SC can enforce Fundamental Rights.
  • Article 139A: The SC can take up cases from High Courts if related to a legal question, based on its discretion or the Attorney General’s advice, and can transfer cases between High Courts for justice.

Read about: Supreme Court Vacation

Writ Jurisdiction

Under Article 32, a person may request the Supreme Court to issue writs in the event that their fundamental rights have been violated. However, this only applies if a person’s fundamental rights are violated.

Appellate Jurisdiction

The Supreme Court is an appeals court. The Supreme Court will hear appeals from people who disagree with the decisions of the lower or high court. In three different categories of situations, an appeal may be taken to the Supreme Court:

  • Constitutional interpretation-related cases.
  • Civil cases, without regard to any constitutional issues.
  • Criminal cases are heard regardless of any constitutional issues.

Appeal by special Leave

In some cases where a matter of justice is at stake, the Supreme Court may intervene in the decision of the High Court or other tribunals. According to Article 136, the Supreme Court is granted this residual authority.

Advisory Jurisdiction

Under Article 143 of the Constitution, the Supreme Court (SC) can advise the President of India on important legal questions. The President can also ask for the SC’s opinion on matters related to Article 131.

Court of Record

The Supreme Court always records its proceedings, which take the shape of case law. All Indian courts are required to abide by such judgments.

Panchayati Raj

Supreme Court of India Composition

  • The Supreme Court originally had 8 judges: 1 Chief Justice and 7 others.
  • The Indian Constitution allows Parliament to change the number of judges.
  • Parliament has passed laws to increase the number of judges over time.
  • Currently, the Supreme Court has 34 judges: 1 Chief Justice and 33 others.

List of Prime Minister of India

Supreme Court of India Procedure

In order to control the practise and process of the Court, the President may be consulted by the Supreme Court of India. While other matters are determined by a bench of at least three judges, the Constitutional Cases are typically handled by a bench of five judges. The Supreme Court of India is located in Delhi, according to the Indian Constitution. The Chief Justice of India, however, has the authority to designate another location (or locations) as the Supreme Court’s location. This clause is simply optional and not required.

List of President of India

Supreme Court of India Judge Eligibility

According to Article 124, a citizen of India who is less than 65 years old may be nominated for appointment as a Supreme Court judge if:

  1. He or she has served as a High Court judge for at least five years, or
  2. He or she has at least ten years’ worth of experience as an advocate in one or more High Courts,
  3. The President believes that he or she is a renowned jurist.

Removal of the Supreme Court Judge of India.

A Supreme Court judge in India can leave their position in three ways:

  • by resigning,
  • by dying while in office, or
  • by being impeached.

List of Vice Presidents of India

 

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FAQs

Who is the Chief Justice of India in 2021?

Sharad Arvind Bobde is the current Chief Justice of India (CJI). On November 18, 2019, he became the Chief Justice of India.

How many supreme courts are there in India?

In India, there is only one Supreme Court. There are also 25 High Courts.

What are the powers and functions of the Supreme Court?

In India, the Supreme Court is the highest court. It upholds the rule of law and ensures and defends the freedoms and rights of citizens as stated in the Constitution. Consequently, another name for the Supreme Court is the Guardian of the Constitution.

How many judges are there in Supreme Court?

The Chief Justice of India is one of the SC's 34 judges at the moment.

Can Supreme Court overrule President India?

The President is not legally permitted to overturn the SC. Any law can only be amended by Parliament in order to overturn a SC ruling. The President has the authority to pardon and may do so with the Council of Ministers' approval. Even in this situation, the President cannot overturn the SC. Only the President has the authority to "pardon" a court's ruling.

Who founded Supreme Court of India?

The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively.

What is the first name of Supreme Court of India?

Supreme Court of India initially established on October 1, 1937 as Federal Court of India.

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